IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34398 of 2026 Arising Out of PS. Case No.-284 Year-2025 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== 1. Ankur Kumar S/o Rajesh Kumar Sinha @ Rajesh Kumar Shrivastava R/o Village - Kaithi Kaunar, PS - Shivsagar, District - Rohtas 2. Sunita Sinha @ Sunita Shrivastava W/o Rajesh Kumar Sinha @ Rajesh Kumar Shrivastava R/o Village - Kaithi Kaunar, PS - Shivsagar, District - Rohtas 3. Rajesh Kumar Sinha @ Rajesh Kumar Shrivastava S/o Late Baban Lal R/o Village - Kaithi Kaunar, PS - Shivsagar, District - Rohtas ... ... Petitioner/s Versus 1. The State of Bihar 2. Usha Kunwar W/o Late Suryavansh Lal R/o Village and P.S - Kargahar, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP For the Complainant : Mr. Dhaneshwar Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 18-08-2026 Learned counsel for the petitioner prays for withdrawal of the petition with regard to petitioner no. 3, Rajesh Kumar Sinha, as he stands arrested. 2. Permission accorded. 3. In that background, the prayer for anticipatory bail with regard to petitioner no. 3, Rajesh Kumar Sinha, stands dismissed as withdrawn. 4. Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioners, Mr. Dhaneshwar Prasad Gupta, learned Patna High Court CR. MISC. No.34398 of 2026(4) dt.18-08-2026 2/4 counsel representing the complainant, as also Mr. Bharat Bhushan, learned APP. 5. The petitioners are apprehending their arrest in connection with Complaint Case No. 284 of 2025 for the offence under Section 303(2) of the BNS, lodged by the complainant, Usha Kunwar. 6. As per the prosecution story, the complainant alleged that her daughter (petitioner no. 2, Sunita Sinha), her son-in-law (petitioner no. 3, Rajesh Kumar Sinha), and the son of her daughter, namely, Ankur Kumar, on the pretext of taking her for pilgrimage, took her to their own home. She was surviving on the pension of her late husband and Rs. 14,00,000/- was lying in her account, besides the ornaments. She moved to her daughter's place along with all the documents and ornaments. Later, when her son came to know about the movement of the lady from her own house to her sister's house, upon enquiry, it was noticed that, in the garb of submitting the life certificate, they had withdrawn the aforesaid Rs. 14,00,000/- under a criminal conspiracy. It further came to light that the petitioners had given their own mobile number and, as such, the lady never received the messages regarding the withdrawals. Feeling cheated, the present complaint case was filed. Patna High Court CR. MISC. No.34398 of 2026(4) dt.18-08-2026 3/4 7. Learned counsel for the petitioners submits that all are family members, the lady moved on her own to her daughter's place, was ill, and medical treatment was provided to her. Regular withdrawals were made, but the son, who was also eyeing the money of his mother, conspired with his wife and forced the lady to file this complaint. The other family members have submitted a prayer before the concerned Court to take cognizance of these facts. 8. Learned counsel for the complainant, on the other hand has taken this Court to the order of the learned Sessions Judge to show that it was the accused herein who withdrew the entire amount by registering their own mobile number in the ATM created in the complainant's name. It was only when the bank statement was provided to her that she came to know about this conspiracy. They looted the money by taking advantage of her old age and also took her thumb impression on the pretext of submitting the life certificate. 9. Taking into account the submissions and the manner in which the petitioners breached the faith of the old lady, who unfortunately is the mother of petitioner no. 2, the pension amount of her late husband having been reduced to nil in the bank account, she is now at the mercy of her son/daughter Patna High Court CR. MISC. No.34398 of 2026(4) dt.18-08-2026 4/4 for her day-to-day living, this takes the Court to only one conclusion that the petitioners do not deserve relief. 10. The anticipatory bail application of petitioner no. 1, Ankur Kumar and petitioner no. 2, Sunita Sinha, stands rejected. Adnan/- (Rajiv Roy, J) U